Tomlin v. Vance International, Inc.
Court of Appeals of Virginia
1Opinion of the Court
MOON, Chief Judge.
David Michael Tomlin appeals from the order of the Workers’ Compensation Commission holding that Vance International, Inc. and its insurer did not waive subrogation rights in a settlement of his compensation claim. Because the employer unequivocally waived its subrogation rights when it settled Tomlin’s workers’ compensation claim, we reverse the commission’s ruling.
Tomlin was employed as a security guard by Vance International. On September 9, 1989, Tomlin was assaulted during a riot and was severely injured. After the accident, the employer paid certain workers’…
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